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  • Article

    Copyright Cases In The News - July 28th, 2016

    The Electronic Frontier Foundation (EFF) has sued the government on behalf of technology creators and researchers in a bid to overturn Section 1201.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Eleventh Circuit Rejects Georgia's Copyright For The Annotations To The Official Code Of Georgia

    A government cannot copyright a statute, but what about the annotations to the statute? In Code Revision Commission v. Public.Resource.Org, Inc., Case No. 17-11589
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Legal Update: On-Sale Bar Applies To Secret Sales

    On January 22, 2019, the Supreme Court held that amendments by the America Invents Act (AIA) to the U.S. Patent Act did not exclude secret sales from the on-bar sale doctrine, meaning such sales that occur before a patent's filing can lead to its invalidation.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Patent Trial And Appeal Board Determined That University Of Minnesota Waived Sovereign Immunity By District Court

    As previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Eleventh Circuit Rejects Georgia's Copyright For The Annotations To The Official Code Of Georgia

    A government cannot copyright a statute, but what about the annotations to the statute?
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Co-op Board Learns That Emails Can Bite Back

    The brawl begins. Back in 2017, the actors Justin Theroux and his then-wife Jennifer Aniston got approval from their Greenwich Village co-op board to combine their apartment...
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Order Granting Motion For Assignment Order For National Grange

    SGR has secured another victory for client the National Grange of the Order of Patrons of Husbandry ("National Grange") that will significantly advance its collection efforts for a $144,715.70 attorney...
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Eleventh Circuit Again Favors Arbitration

    Bodine v. Cook's Pest Control, Inc., Case No. 15-13233 (decided July 29, 2016), enforced an arbitration agreement in an employment contract. In that case, the Court dealt with the impact of the Uniform...
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Avoid Truthful But Misleading Advertising

    Avoid truthful but misleading advertising. Be careful what you say, especially about your competitors. As expected, competitors are sensitive to any negative allegations ...
    United StatesMedia, Telecoms, IT, Entertainment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    NAD Rebuffs Unsubstantiated Salad Spinner Ad Claims

    A recent National Advertising Division decision concerning salad spinners reminds us that precise claims require precise substantiation, no matter the nature of the product.
    United StatesMedia, Telecoms, IT, Entertainment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Avoiding The Most Common Mistake Tenants Make When Renewing A Commercial Lease

    Many tenants think renewing a commercial lease or exercising a pre-existing and pre-negotiated option to expand or extend is an easy process that can be handled without the involvement of a lawyer.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    More On Second Hand Smoke

    There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    What A Tangled [And Costly] Web We Weave …..

    The commercial lease agreement between The St. Luke's Hospital Center, as landlord, and WestSide Radiology Associates, as tenant, prohibited WestSide
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Aviation Alert: FAA To Permit Use Of True "Digital" Signatures On Filed Documents Starting April 1

    On March 28, 2016, the FAA issued a bulletin in respect of a change by the Aircraft Registry in Oklahoma City to begin accepting "true" digital signatures on certain filed documents.
    United StatesTransport
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Governor Kemp Signs Georgia COVID-19 Pandemic Business Safety Act

    On August 5, 2020, Governor Brian Kemp signed the "Georgia COVID-19 Pandemic Business Safety Act", Senate Bill (SB) 359.
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Employer Obligations Regarding Election Day Leave

    With Election Day fast approaching, now is the time for employers to ensure they are in compliance with applicable laws relating to voting leave for employees.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Texas District Court Invalidates NLRB's Joint Employer Rule

    On March 8, 2024, the United States District Court for the Eastern District of Texas invalidated the recently issued final rule for establishing joint employer status under the National Labor Relations Act ("NLRA").
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Increasing Trademark Scams Discussed At USPTO Forum

    These solicitations are typically received by U.S. Mail from U.S. and European locations.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Eleventh Circuit Limits Local Utility Monopolies

    Can a municipal water utility use its monopoly to increase its natural gas sales to homeowners?
    United StatesAntitrust/Competition Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    6 Must-Ask Questions Before Completing Merger & Acquisition

    Franchise mergers and acquisitions are not slowing down, and the deals range from small, like the recent acquisition of Green Home Solutions by Mosquito Shield...
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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